Financial Reports, Etc. 74 9.2. Maintain Properties............................................................................76 9.3. Existence, Qualification, Etc..................................................................76 9.4. Regulations and Taxes..........................................................................76 9.5. Insurance, Proceeds and Condemnation...........................................................76 9.6.
Financial Reports, Etc. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of the Borrower, deliver or cause to be delivered to the Agent and each Lender (i) a consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated statements of income, stockholders' equity and cash flows, and the respective notes thereto, for such Fiscal Year, setting forth comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP applied on a Consistent Basis and containing, with respect to the consolidated financial statements, opinions of Xxxxxx Xxxxxxxx LLP, or other such independent certified public accountants selected by the Borrower and approved by the Agent, which approval shall not be unreasonably withheld, which are unqualified as to the scope of the audit performed and as to the "going concern" status of the Borrower and without any exception not acceptable to the Lenders, and (ii) a certificate of an Authorized Representative demonstrating compliance with SECTIONS 9.1(a) through 9.1(c), which certificate shall be in the form of EXHIBIT H;
Financial Reports, Etc. (a) As soon as practical and in any event (i) within 90 days of the end of the fiscal year of the Parent deliver or cause to be delivered to the Agent financial statements of the Parent and its Subsidiaries (including Borrower) on a consolidated and consolidating basis in form and content acceptable to the Agent, setting forth comparative financial statements for the preceding fiscal year, all prepared in accordance with GAAP and in the case of the consolidated statements containing an unqualified opinion of independent certified public accountants acceptable to the Agent, together with a certificate of the chief financial officer of the Parent demonstrating compliance with Section 8.12 hereof (which certificate shall be in the form of Exhibit H attached hereto); (ii) within 45 days of the end of each fiscal quarter of the Parent, other than the last, of each fiscal year deliver to the Agent financial statements of the Parent and its Subsidiaries (including the Borrower) on a consolidated and consolidating basis in form and content acceptable to the Agent for the period from the beginning of the fiscal year through the end of such reporting period, all prepared in accordance with GAAP subject to normal year end adjustments and certified by the chief financial officer of Parent to be accurate and correct, together with a certificate of the chief financial officer of Parent containing computations for such quarter comparable to that required pursuant to subparagraph (a)(i) herein; (iii) within 15 days following the last day of each calendar month deliver to the Agent (A) a summary and aging of Eligible Receivables, (B) a summary of Eligible Inventory and (C) a Borrowing Base Certificate to the Bank in the form of Exhibit I attached hereto; (iv) within five days of receipt thereof a copy of any management letter furnished to Parent by its public accountants; (v) within five days of mailing or filing any report filed with the Securities and Exchange Commission or any stock exchange and (vi) upon any officer of the Borrower obtaining knowledge of any litigation or other proceedings being instituted against the Borrower, the Parent or any of their Subsidiaries, or any attachment, levy, execution or other process being instituted against any assets of the Borrower, the Parent or any of their Subsidiaries, making a claim or claims in an aggregate amount greater than $1,000,000 not otherwise covered by insurance, promptly deliver to the Agent written notice thereof...
Financial Reports, Etc. (a) As soon as practical and in any event within 90 days after the end of each Fiscal Year of BREED, deliver or cause to be delivered to the Agent, together with sufficient copies for each Lender (i) consolidated and consolidating (by major lines of business) balance sheets of BREED and its Subsidiaries as at the end of such Fiscal Year, and the notes thereto, and the related consolidated and consolidating statements of income, stockholders' equity and cash flows, and the respective notes thereto, for such Fiscal Year, setting forth comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP applied on a Consistent Basis and containing opinions (in the case of the consolidated statements) of Ernst & Young LLP, or other such independent certified public accountants selected by BREED and approved by the Agent, which are unqualified as to the scope of the audit performed and as to the "going concern" status of BREED and its Subsidiaries and without any exception not acceptable to the Required Lenders, and (ii) a certificate of an Authorized Representative demonstrating compliance with Sections 9.1(a) through 9.1(c), which certificate shall be in the form of Exhibit T;
Financial Reports, Etc. 59 8.2. Maintain Properties. . . . . . . . . . . . . . . . . . . . . . . . . . . 60 8.3. Existence, Qualification, Etc. . . . . . . . . . . . . . . . . . . . . . 60 8.4. Regulations and Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . 61 8.5. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 8.6. True Books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 8.7.
Financial Reports, Etc. (a) As soon as practical and in any event within 95 days after the end of each Fiscal Year of the Borrower, deliver or cause to be delivered to the Agent and each Lender (i) consolidated balance sheets of the Borrower and its Subsidiaries as of the end of such Fiscal Year, and the notes thereto, and the related consolidated statements of income, stockholders' equity and cash flows, and the respective notes thereto, for such Fiscal Year, setting forth comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP applied on a Consistent Basis and containing, with respect to the consolidated financial statements, opinions of Ernst & Young, LLP or other such independent certified public accountants selected by the Borrower and approved by the Agent, which are unqualified as to the scope of the audit performed and as to the "going concern" status of the Borrower and without any exception not acceptable to the Lenders, (ii) a certificate of a Responsible Officer demonstrating compliance with SECTIONS 10.1(a), 10.1(b) and 10.1(c) and 10.3, which certificate shall be in the form of EXHIBIT H, and (iii) consolidating balance sheets of the Borrower and each Guarantor as of the end of such Fiscal Year, and the notes thereto, and the related consolidating statements of income, and the respective notes thereto, for such Fiscal Year, setting forth comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP applied on a Consistent Basis;
Financial Reports, Etc. (a) As soon as practical and in any event within 95 days after the end of each Fiscal Year of the Borrower, deliver or cause to be delivered to the Agent and each Lender (i) consolidated and, if there are any Material Subsidiaries, consolidating balance sheets of the Borrower and its Subsidiaries as of the end of such Fiscal Year, and the notes thereto, and the related consolidated and, if there are any Material Subsidiaries, consolidating statements of income, stockholders' equity and cash flows, and the respective notes thereto, for such Fiscal Year, setting forth (other than for consolidating statements) comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP applied on a Consistent Basis and containing, with respect to the consolidated financial statements, opinions of Ernst & Young, LLP or other such independent certified public accountants selected by the Borrower and approved by the Agent, which are unqualified as to the scope of the audit performed and as to the "going concern" status of the Borrower and without any exception not acceptable to the Lenders, and (ii) a certificate of a Responsible Officer demonstrating compliance with SECTIONS 9.1(a) and 9.1(b) and 9.3, which certificate shall be in the form of EXHIBIT H;
Financial Reports, Etc. (a) as soon as practical and in any event within 90 days after the end of each Fiscal Year of the Borrower, deliver or cause to be delivered to the Administrative Agent and each Lender (i) the consolidated balance sheets of the Borrower and its Subsidiaries, with the notes thereto, the related consolidated statements of operations, cash flows, and shareholders’ equity and the respective notes thereto for such Fiscal Year, setting forth comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP applied on a Consistent Basis and containing opinions of KPMG LLP, or other such independent certified public accountants selected by the Borrower and approved by the Administrative Agent (such approval not to be unreasonably withheld), which are unqualified as to the scope of the audit performed and as to the “going concern” status of the Borrower; and (ii) a Compliance Certificate of an Authorized Representative as to the existence of any Default or Event of Default and demonstrating compliance with Section 8.1 of this Agreement;
Financial Reports, Etc. (a) as soon as practical and in any event within 90 days after the end of each Fiscal Year of the Borrower, deliver or cause to be delivered to the Administrative Agent and each Lender (i) the consolidated balance sheets of the Borrower and its Subsidiaries, with the notes thereto, the related consolidated statements of operations, cash flows, and shareholders’ equity and the respective notes thereto for such Fiscal Year, setting forth comparative financial statements for the preceding Fiscal Year, all prepared in accordance with GAAP and containing opinions of KPMG LLP, or other such independent certified public accountants of recognized national standing selected by the Borrower or such other accountants as are approved by the Administrative Agent (such approval not to be unreasonably withheld), which are unqualified as to the scope of the audit performed and as to the “going concern” status of the Borrower (other than a “going concern” statement, explanatory note or like qualification or exception resulting solely from an upcoming maturity date occurring within one year from the time such opinion is delivered); and (ii) a Compliance Certificate of an Authorized Representative as to the existence of any Default or Event of Default and demonstrating compliance with Section 8.1 of this Agreement;
